The Russellville Democrat. [volume] (Russellville, Ark.) 1875-1898, 1887-04-13
How the Bill Fixing Railroad
Passenger Rates Failed.
I.ittle Rock Gazette. ith.


terday by eminent lawyers that sen
ate bill No, iS6, fixing railroad pas
senger rates had failed TO be effect
i've because OF an error in its enroll
ment.
A representative Of The Gazette
called on Judge U. NJ Rose, who had
already heard the report, and be
stated that 10 his opinion the error
destroyed The BILL
Senate bill No 1876, fixing passen-
ger rates was passed by the senate
and sent to the house. The house
struck out all except the enacting
clause, and made an entirely new
bill, which it passed. The bill was
then sent TO the senate, but the SEN
ate refused its concurrence, and
asked for conference comm!eeorr.
This committee was sssliSinIed and
they cot up still another bill, which
was reported to and passed by both
houses. The number of the bill
held good all the way through as 1876.
The bill was enrolled, reported to
the senate as correctly enrolled, and
by the enrolling committee delivered
to the governor on the 2Sth day of
March. The governor approved the
bill on the Both OF March, and the
legislature adjourned on the 3Ist Of
March. After the adjournment
President Barker of the senate, and
Speaker Hewitt of the house found
out the bil. as passed had not been
enrolled correctly, and they thereup-
on had the original bill enrolled
again, and on Yesterday, April 4, de-
livered it to the governor
The law in regard to passenger
rates therefore, remains as it was
before the meeting of the Legislature,
and the work done on this subject is
considered as amounting to nothing.
THE BILL DIDN FAIL.
Little Rock Democrat, 9th.
1t has been stated and published
that passenger rates on railroads
have not been reduced, because a
mistake was made in the enrolment
Of the bill.
Now, the trnth of the matter may
be thus summed up: The house
passed bill reducing passenger
rates and sent it to the senate. There
it was amended and sent back to the
house. The house struck out all
after The enactment clause and in.
serted substantially the original bill.
Again the bill was sent to the SEN
ate. That body refused to concur
IN the action of the house, and asked
for a conference committee. The
committee was appointed and agreed
upon bill, which was passed by
the senate and the house with but
one change, viz: A proviso which
permitted railroads to charge 20
cents extra for taking on or putting
OFT passengers at points other than
regular stations. The bill was pass
ed about the time of the adjourn
ment, and was left in the hands of
the committee on enrolled bills. It
was earolled, signed by the presl-
dent of the senate, speaker of the
house, approved by the governor
and delivered to the secretary of
state. But after the approval of the
bill Judge r. w. Martin discovered
that the proviso above referred to
had been left out of the bin by the
enrolling clerk. The governors at
tention was at once called to the
matter, and he forthwith notified the
enrolling committee and the presid-
ing officers of the general assem- bly,.
Thereupon the bill was re enrolled
so as to conform to the recorded
proceedings Of the general assembly.
A Democrat reporter called on
Gov. Hughes this morning in refer
ence to the matter, and he said
Just give the history Of the bill
and say, that in my opinion, the bill
as enrolled the second time, is an.
doubtedly the law Of the land, be
cause the bill was enrolled so as to
incorporate the proIiso left out in
the first enrolment, was presented |
to me and signed in due time"
where is the first bill you APP
proved. GOVERNOR"
"On file in the office of the secre-
tary of state"
Then there are two bills on the |
same subject officially filed with the |
secretary of state2"
mo, sir, That cannot be proper
ly said for the reason that the first
instrument approved by me was not
the bill passed by the general assem-
bly,, and the fact that approved it |
does not and could not make it law
because the law making power be. |
longs to the legislature alone. III
the matter should ever 60 to the
courts you would see that the bill, |
as correctly enrolled, would be sus
tanned as the law, because an exami
nation of the journals would show
that 1t was the bill passed by the /
legislature"
This statement and opinion Of the 1
governor has been endorsed by 1
number of legal gentlemen whom the I
reporter has heard speak on the sub I
ject,
WILL OBEY THE LAW.
Little Rock Democrat, 9th.
The impression has gone out that
owing to some irregularity in the en-
rollment Of the bill regulating pas